Final Order 1

Order Details: Notice of Motion
Pdf Text: NM NO.2661/2019 SUM SUIT 66/19 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.2661 OF 2019
IN
SUMMARY SUIT NO. 66 of 2019
(CNR NO.: MHCC0100 73142019)
M/s.Balaji Enterprises
Mr.Nitin Jadhav ...Plaintiffs
Versus
M/s.Kartik Refregeration
Mr.Rajesh(Prop) ...Defendants
Appearances:
Advocate Mr.Jambusaria for Plaintiffs.
Advocate Mr.Rajkumar Ashar for Defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 18th OCTOBER 2019
ORDER
This is Notice of motion for condonation of delay of 40 days to
file appearance.
2. Heard Ld. counsel for defendant and Ld. counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to condone the delay of 40 days to
file appearance?
Yes
2. What order? As per final order
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NM NO.2661/2019 SUM SUIT 66/19 2
REASONS
AS TO POINT NOS.1 &2.
4. The Ld. counsel for defendant has submitted that the defendant is
layman and is not well conversant with the provisions of law. The
defendant is permanent resident of Surat and it took time for him to
appoint Advocate of his choice, therefore, this application.
5. The Ld. counsel for plaintiff has replied to this application and
had stated that grounds taken by the defendant are frivolous and false.
The defendant had deliberately not filed his appearance within time
defendant therefore, their application be rejected.
6. From the record it can be seen that there is delay of 40 days to
file vakalatnama on behalf of defendant. The defendant has taken
ground of not conversant with the legal procedure. Without taking any
harsh view and as defendant is interested to contest this suit it will be
proper to give defendant a fair chance. The delay can be compensated.
Therefore, point No. 1 is answered as 'Yes' and following order is
passed.
ORDER
1. Notice of Motion No.2661 of 2019 is allowed.
2. The delay of 40 days to file appearance of defendant is condoned
subject to cost of Rs.1500/(Rs. One Thousand Five Hundred only) to
be paid to plaintiff.
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NM NO.2661/2019 SUM SUIT 66/19 3
3. On payment of cost, vakalatnama shall be taken on record.
4. Notice of Motion No.2661 of 2019 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:18/10/2019 City Civil Court,Gr. Bombay
Dictated on : 18/10/2019
Transcribed on : 22/10/2019
Signed on : 22/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23/10/2019 at 4.45p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
18/10/2019
Judgment/Order signed by P.O. on 22/10/2019
Judgment/Order uploaded on 23/10/2019
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